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Viewing Policy: BP 5123 – Promotion/Acceleration/Retention


Policy 5123: Promotion/Acceleration/Retention

Original Adopted Date: 5/10/2018 | Last Review Date: 8/5/2021

The San Benito County Office of Education (SBCOE) expects students to progress through each grade level within one school year.  Toward this end, instruction shall be designed to accommodate the variety of ways that students learn and provide strategies for addressing academic deficiencies as needed.

Students shall progress through the grade levels by demonstrating growth in learning and meeting grade-level standards of expected student achievement.

When high academic achievement is evident, the teacher may recommend a student for acceleration to a higher grade level. The student’s maturity level shall be taken into consideration in deciding to accelerate a student.

Supplemental Student Retention Process for Eligible Students [1]

If a student is in grades K-11, and has received a deficient grade of D, F, N, No Pass or an equivalent grade in at least one-half of their courses for the 2020-2021 school year (“eligible student”), the student’s parent/guardian may make a written request to retain the student in their 2020-2021 grade level for the 2021-2022 school year.

Upon receiving a written request from a parent of an eligible student to retain their child for the 2021–22 school year, the SBCOE shall offer the parent a consultation with the parent, the student, an administrator and a teacher. The consultation must occur within 30 calendar days of receiving the written request.

The SBCOE shall have the ultimate authority of deciding whether to retain a student. The SBCOE must notify the eligible student’s parent or guardian of the final retention decision within 10 calendar days of the consultation.

Retention Practice

Teachers shall identify students who should be retained or who are at risk of being retained at their current grade level as early as possible in the school year and as early in their school careers as practicable. Such students shall be identified at the following grade levels: (Education Code 48070.5)

Between the end of the middle school grades and the beginning of the high school grades

Students shall be identified for retention on the basis of failure to meet minimum levels of proficiency, as indicated by grades and credit status.

If a student does not have a single regular classroom teacher, the Superintendent or designee shall specify the teacher(s) responsible for the decision to promote or retain the student.  (Education Code 48070.5)

Education Code 48070.5 mandates that the SBCOE’s policy include a process by which the teacher’s decision to promote or retain a student may be appealed.

Pursuant to Education Code 48070.5, the Board must adopt policy indicating the manner in which supplemental instruction will be provided to students who are recommended for retention or are identified as being at risk for retention.

When any student in grades 2-9 is recommended for retention or is identified as being at risk for retention, the Superintendent or designee shall offer an appropriate program of remedial instruction to assist the student in meeting grade-level expectations.  (Education Code 48070.5)


[1] AB 104 (new Education Code §48071) requires school agencies to permit parents of eligible students to request retention in the student’s 2020-2021 grade for the 2021-2022 school year. This law applies to students in grades K-11. The County Board can revise this policy to reflect the grade levels within K-11 it services (e.g., 9-11 for high school districts).